| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 01/15/1997 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day (docketing statement mailed to counsel for appellant). | | |
| 01/15/1997 | Filing Fee | Received Filing Fee Paid on Filing. $100.00 from Douglas K. Fermoile-check no. 3742. | | |
| 01/24/1997 | Docketing Statement | Filed Docketing Statement. | | |
| 01/24/1997 | Transcript Request | Filed Request for Transcript of Proceedings. | | |
| 02/04/1997 | Docketing Statement | Filed Response to Docketing Statement. | | |
| 05/14/1997 | Motion | Filed Stipulation and Order. Brief due: June 16, 1997. | | |
| 05/15/1997 | Motion | Filed Motion to Dismiss Appeal. | | |
| 05/28/1997 | Motion | Filed Response to Motion. Appellant Kleinfelder, Inc.'s Opposition to Respondent's Motion to Dismiss Appeal. | | |
| 05/29/1997 | Motion | Received Reply to Response. Reply in Support of Motion to Dismiss Appeal. | | |
| 05/30/1997 | Motion | Filed Motion for Permission to File Document. Respondent's Request to file a Reply in Support of Motion to Dismiss Appeal. | | |
| 06/04/1997 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Robert G. Berry . (Briefing and preparation of transcripts suspended pending further order of this court.- nos. 29076 and 29854). Amended Notice of Settlement Conference (nos. 30383, 30406, 30424, and 30444). | | |
| 11/24/1997 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | |
| 03/13/1998 | Notice/Incoming | Filed Notice. Notice of Change of Firm Name. Maddox and Saint-Aubin has resumed the use of the name Robert C. Maddox & Associates. | | |
| 06/23/1998 | Order/Procedural | Filed Order Denying Motion. Respondents filed a motion to dismiss this appeal, contending that final judgment was entered on April 4, 1997, and thus, this appeal is premature. Further, Settlement Judge Bob Berry has filed a report with this court indicating that this appeal was prematurely filed and should be dismissed. Appellant filed an opposition , contending that the December 10, 1996, order finally resolved its motion for attorneys fees and is therefore appealable. We agree. Accordingly, we deny respondent's motion to dismiss this appeal. We therefore refer this appeal back to settlement Judge Bob Berry for another settlement conference. Settlment Judge Bob Berry shall have 30 days from the date of this order to schedule this appeal for a settlement conference. | | |
| 09/04/1998 | Motion | Filed Stipulation. Stipulation for Shortened Caption (nos. 29076, 29854, 31171). | | |
| 09/18/1998 | Motion | Filed Stipulation. Stipulation to Dismiss Respondents. | | |
| 09/18/1998 | Motion | Filed Stipulation. Stipulation to Dismiss Respondents and Cross-Appellants (nos. 29076, 29854, 31171). | | |
| 09/18/1998 | Motion | Filed Stipulation. Stipulation to Consolidate Appeals (nos. 29076, 29854, 31171). | | |
| 09/18/1998 | Motion | Filed Stipulation. Stipulation for Shortened Caption (nos. 29076, 29854, 31171). | | |
| 09/18/1998 | Motion | Filed Stipulation. Stipulation to Rebrief (nos. 29076, 29854, 31171). | | |
| 09/28/1998 | Letter/Incoming | Filed Letter. Letter from Settlement Judge Robert G. Berry re: status of settlement negotiations and and request for fees (nos. 29076, 29854, 31171). | | |
| 01/29/1999 | Order/Procedural | Filed Order. Pursuant to the stipulation of the parties, the following parties are dismissed from Docket No. 29076, each party to bear its own costs and fees: McMillan Mortgage Company, Gary A. Hartunian, 5334 Lindley Partnership, Garabed Demirjian, Albert Wayne, Clear Acre Village Apartments, Ltd., Clear Acre Apartments, Cornell Finance Company Ltd., Cornell Properties, Inc., Merrill Lynch Realty, Charles J. Ketcham, and Young Property Managment, Inc. Pursuant to the stipulation of the parties, the following are dismissed from Docket No. 31171, each party to bear its own costs and fees: McMillian Construction Company, Thomas G. McMillan, fn2[The cross-appeal of Thomas G. McMillan and McMillan Construction Company was dismissed by order dated April 29, 1998; however, theses parties were not dismissed as respondents at that time.] Prudential Residential Services, L.P., Prudential Homes Corp., Fine Homes, L.P. Merrill Lynch Realty Associates, Inc., McMillan Mortgage Company, Gary L. Hartunian, 5334 Lindley Partnership, Garabed Demirjian, Albert Wayne, Clear Acre Village Apartments, Ltd., Cornell Finance Ltd., Cornell Properties, Inc., Charles J. Ketcham, and Young Property Management, Inc. Pursuant to the stipulation of the parties, the cross-appeal of Marigot Corporation, Beta Group Lawrence Feldman, and Geoffrey Simpson in Docket No. 31171 is dismissed, and these parties are dismissed as respondents in Docket No. 31171, each to bear their own costs and fees. Pursuant to the stipulation of the parties, the individual members of Wildcreek Garden Condominium Association are dismissed from No. 29854, the parties to bear their own costs. The respondents so dismissed are: (see order pp. 13-16 for listing of individual parties). The parties stipulated to consolidate these three appeals under Docket no. 29076, to shorten the caption, and to rebrief, based on the current status of the case. Fn4[We note that the parties filed two stipulations for shortened captions, one on September 4, 1998, and one on September 18, 1998. We have treated the September 18, 1998, stipulation as superceding the previous one.] We agree that the appeals should be consolidated, and that a shortened caption may prove to be helpful. We conclude that the parties' true position should be reflected in the caption. The caption from this point forward shall be as set forth below: (see order, pp. 16-17 for shortened caption. This caption shall be used on all procedural orders. The final dispositional order shall list all parties.) The parties have agreed to treat the appeal of Kleinfelder, Inc., Docket No. 29854, as a cross-appeal for purposes of the consolidation and rebriefing. While not satisfactory for the caption, we agree that this treatment will assist in the briefing process. The parties have also stipulated to enlarge the time for submitting answering briefs, and to enlarge the page limit. Briefs shall not exceed 50 pages. Wildcreek Garden Condominium Association and its members shall have 30 days from the date of this order to file an opening brief addressing all issues in Docket Nos. 29076 and 31171. Fn5 [These briefs may refer to the appendices filed with the original brief in Docket No. 29076. Should the parties wish to submit new appendicies, they shall be filed with the new briefs.] Marigot Corporation, Beta Group, Feldman and Simpson shall have 60 days from service of the opening brief to file their answering brief in Docket No. 29076. Kleinfelder, Inc. shall have 60 days from service of the opening brief in which to file its brief (answering) responding to appellants' opening brief and addressing all issues in Docket No. 29854. Wildcreek shall have 60 days from service of the answering briefs in which to file a brief (reply) responding to the answering briefs. Kleinfelder, Inc., shall have 30 days from the service of Wildcreek's brief in which to file a reply brief. Futher extensions of time with respect to the briefing sche | | |
| 03/03/1999 | Motion | Filed Motion and Order Extending Time. Brief due: March 3, 1999 (nos. 29076/29854/31171). | | |
| 03/03/1999 | Motion | Filed Motion and Order/Excess Pages. Granted: 52 pages (nos. 29076/29854/31171). | | |
| 03/03/1999 | Brief | Filed Opening Brief. Mailed on: hand delivered - (nos. 29076/29854/31171). | | |
| 03/22/1999 | Motion | Filed Motion. Motion to Supplement Appellant's Opening Brief (nos. 29076/29854/31171). | | |
| 03/22/1999 | Appendix | Received Appendix. Supplement Appendix to Appellants' Opening Brief (nos. 29076/29854/31171). | | |
| 05/05/1999 | Order/Clerk's | Filed Clerk's Order. Respondent Kleinfelder, Inc.'s motion filed on May 5, 1999, requesting permission to file an answering brief in excess of thirty pages is granted. The 59-page answering brief submitted with the motion shall be filed, forthwith (nos. 29076/29854/31171). | | |
| 05/05/1999 | Brief | Filed Answering Brief. Kleinfelder, Inc. (nos. 29076/29854/31171). | | |
| 05/05/1999 | Brief | Filed Answering Brief. Respondents Beta Group, Marigot Corporation as General Partner of Beta Group, Lawrence Feldman, and Geoffrey Simpson (nos. 29076/29854/31171). | | |
| 05/05/1999 | Appendix | Filed Joint Appendix. Respondent's Supplemental Joint Appendix, Volume V (nos. 29076/29854/31171). | | |
| 05/05/1999 | Motion | Filed Motion. Motion for Leave to file Amicus Brief on Behalf of American Consulting Engineers Council (ACEC), National Society of Professional Engineers (NSPE); ASFE; Professional Firms Practicing in the Geosciences, American Institute of Architects (AIA), Nevada Section of American Society of Civil Engineers (ASCE), Nevada Association of Land Surveyors (NALS), Structural Engineers Association of Southern Nevada (Season), Institute of Electrical & Electronic Engineers (IEEE) and the DPIC Companies. (nos. 29076/29854/31171). | | |
| 05/05/1999 | Brief | Received Amicus Brief. In support of Respondent Kleinfelder, Mailed on: hand delivered by Reno/Carson 5/5/99 (nos. 29076/29854/31171). | | |
| 05/07/1999 | Order/Clerk's | Filed Clerk's Order Granting Motion. The unopposed motion in Docket No. 29854, filed March 22, 1999, is granted. The clerk shall, forthwith file the supplemental appendix to appellant Wildcreek's opening brief submitted with the motion. (nos. 29076/29854/31171). | | |
| 05/07/1999 | Appendix | Filed Appendix. Supplement Appendix to Appellant's Opening Brief (nos. 29076/29854/31171). | | |
| 05/13/1999 | Order/Procedural | Filed Order Denying Motion. The motion for leave to file a reply in docket no. 29854, filed on May 30, 1997, is denied as moot (nos. 29076/29854/31171). | | |
| 06/17/1999 | Order/Procedural | Filed Order Granting Motion. The clerk of this court shall forthwith file the amicus curiae brief provisionally received on May 5, 1999. Wildcreek Garden Condominium Associates, et al., may file any answer to the amicus curiae brief deemed warranted within 30 days of the date of this order (nos. 29076/29854/31171). | | |
| 06/17/1999 | Brief | Filed Amicus Brief. In support of Respondent Kleinfelder (nos. 29076/29854/31171). | | |
| 06/24/1999 | Motion | Filed Motion. (nos. 29076/29854/31171). | | |
| 06/24/1999 | Brief | Received Amicus Brief. Nevada Trial Lawyers Association in Support of Appellants' Briefs on Appeal (nos. 29076/29854/31171). | | |
| 07/02/1999 | Motion | Filed Response to Motion. Opposition to Motion for Leave to file Amicus Brief - Kleinfelder (nos. 29076/29854/31171). | | |
| 07/02/1999 | Motion | Filed Response to Motion. Opposition to Motion for Leave to File Amicus Brief - Marigot (nos. 29076/29854/31171). | | |
| 07/08/1999 | Motion | Filed Motion to Extend Time. (nos. 29076/29854/31171). | | |
| 07/08/1999 | Motion | Filed Motion. Motion to Supplement Appendix with Appellants' Answering Appendix (nos. 29076/29854/31171). | | |
| 07/08/1999 | Motion | Filed Motion for Excess Pages. (nos. 29076/29854/31171). | | |
| 07/08/1999 | Brief | Received Reply Brief. Mailed on: 7/8/99 (nos. 29076/29854/31171). | | |
| 07/08/1999 | Other | Other. Received Index to Appellants Answering Appendix (nos. 29076/29854/31171). | | |
| 07/12/1999 | Other | Returned Unfiled Document. Returned, with letter, Reply to Respondents Marigot and Kleinfelder's Oppositions to the NTLA's Motion for Leave to File Amicus Brief (nos. 29076/29854/31171). | | |
| 07/15/1999 | Brief | Filed Amicus Brief. Appellant's Answer to Brief of Amicus Curiae in Support of Respondent Kleinfelder. Mailed on: hand-delivered 7/15/99. (nos. 29076/29854/31171). | | |
| 08/09/1999 | Brief | Received Reply Brief. Appellant Kleinfelder, Inc. Mailed on: hand delivered 8/9/99 (nos. 29076/29854/31171). | | |
| 08/09/1999 | Other | Other. Received Index to Kleinfelder, Inc's Reply Brief, Volume 5 (nos. 29076/29854/31171). | | |
| 09/29/1999 | Order/Procedural | Filed Order Granting Motion. The NTLA has filed a motion for leave to file an amicus curiae brief in support of appellants' position in no. 29076. The motion is opposed. Cause appearing, we grant the motion and direct the clerk of this court to file the amicus curiae brief provisionally submitted on June 24, 1999. Respondents in 29076 shall have 30 days from the date of this order to file an answer to the amicus curiae brief. Finally, on July 8, 1999, appellants filed motions for an extension of time to file the reply brief, excess pages, and supplement the appendix. We grant the unopposed motions. The clerk of this court shall forthwith file the brief and supplemental appendix provisonally submitted with the motions. Briefing shall proceed in accordance with our order of January 29, 1999. (nos. 29076/29854/31171). | | |
| 09/29/1999 | Brief | Filed Amicus Brief. Nevada Trial Lawyers Association, in Support of Apellants' Briefs on Appeal (nos. 29076/29854/31171). | | |
| 09/29/1999 | Brief | Filed Reply Brief. (nos. 29076/29854/31171). | | |
| 09/29/1999 | Other | Other. Filed Index to Appellants' Answering Appendix, Volume 40 (nos. 29076/29854/31171). | | |
| 10/25/1999 | Motion | Filed Motion to Extend Time. (nos. 29076/29854/31171). | | |
| 10/27/1999 | Motion | Filed Motion. Respondent Kleinfelder, Inc.'s Joinder in Motion for Enlargement of Time (nos. 29076/29854/31171). | | |
| 11/19/1999 | Brief | Received Answering Brief. Respondents Beta Group, Marigot Corporation as General Partner of Beta Group, Lawrence Feldman, and Geoffrey Simpson to Brief of Amicus Curiae Nevada Trial Lawyers Association (nos. 29076/29854/31171). | | |
| 11/19/1999 | Brief | Received Answering Brief. Respondent Kleinfelder, Inc.'s Answering Brief to Amicus Curiae Brief of Nevada Trial Lawyers Association in Support of Appellants' Briefs on Appeal (nos. 29076/29854/31171). | | |
| 03/06/2000 | Order/Clerk's | Filed Clerk's Order Granting Motion. The unopposed motion filed October 25, 1999, and the unopposed joinder therein filed October 27, 1999, are granted. The clerk shall, forthwith, file the briefs provisionally received on November 19, 1999 (nos. 29076/29854/31171). | | |
| 03/06/2000 | Brief | Filed Answering Brief. Respondents Beta Group, Marigot Corporation as General Partner of Beta Group, Lawrence Feldman, and Geoffrey Simpson to Brief of Amicus Curiae Nevada Trial Lawyers Association (nos. 29076/29854/31171-Brief in case no. 29076). | | |
| 03/06/2000 | Brief | Filed Answering Brief. Respondent Kleinfelder, Inc.'s Answering Brief to Amicus Curiae Brief of Nevada Trial Lawyers Association in Support of Appellants' Briefs on Appeal (nos. 29076/29854/31171-brief in case no. 29076). | | |
| 03/13/2000 | Order/Clerk's | Filed Clerk's Order. On September 29, 1999, this court entered an order which among other things, granted Wildcreek Garden Condominium Association's motion for an extension of time to file a combined reply brief and answering brief. The clerk shall also forthwith file the reply brief submitted on August 9, 1999, by appellant Kleinfelder in Docket No. 29854 (nos. 29076/29854/31171). | | |
| 03/13/2000 | Brief | Filed Reply Brief. Kleinfelder, Inc.'s Reply Brief in Docket No. 29854 (nos. 29076/29854/31171). | | |
| 03/13/2000 | Other | Other. Filed Index to Kleinfelder, Inc.'s Reply Brief in Docket No. 29854 (nos. 29076/29854/31171). | | |
| 05/04/2000 | Brief | Filed Supplemental Authorities. Kleinfelder Inc. (nos. 29076/29854/31171). | | |
| 08/28/2000 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 10, 2000 at 1:30 p.m. in Carson City. (NNP00A-MS/DA/ML) (Nos. 29076, 29854 and 31171) | | |
| 08/30/2000 | Notice/Outgoing | Issued Notice. Issued "Corrected Notice of Oral Argument Setting". The oral argument panels have changed for the September 2000 to February 2001 term. Also, Scott K. Canepa, counsel for Amicus Curiae, was previously listed on the first notice in error. (Nos. 29076, 29854 and 31171) | | |
| 09/21/2000 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (Nos. 29076, 29854 and 31171) | | 00-16746
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| 09/25/2000 | Other | Disqualification of Justice Agosti. Nos. 29076, 29854, 31171. | | |
| 10/05/2000 | Motion | Filed Motion. Emergency Motion for Continuance of Oral Argument (nos. 29076/29854/31171) - via fax. | | 00-17664
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| 10/05/2000 | Motion | Filed Motion. Emergency Motion for Continuance of Oral Argument (ORIGINAL). Nos. 29076/29854/31171 Doc. No. 00-17693 | | |
| 10/06/2000 | Order/Procedural | Filed Order Vacating Argument and Rescheduling. We grant the motion filed by appellants/respondents Wildcreek Garden Condominium Association, et al., to continue the oral argument of this matter. We hereby vacate the oral argument presently scheduled for October 10, 2000, at 1:30 p.m. in reschedule these consolidated appeals for oral argument in December, 2000, in Carson City (nos. 29076/29854/31171). | | 00-17746
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| 10/30/2000 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 12, 2000 at 8:30 a.m. in Carson City. (NNP00A-RR/MS/ML) (Nos. 29076, 29854 and 31171) | | |
| 11/16/2000 | Order/Procedural | Filed Order Denying Motion. On May 30, 1997, respondent Wildcreek Garden Condominium Association filed a motion in Docket No. 29654 requesting permission to file a reply in support of its May 15, 1997, motion to dismiss the appeal in Docket No. 29854. The motion to dismiss having been denied by way of an order entered on March 23, 1998, we deny the motion for leave to file a reply as moot. The clerk of this court shall return, unfiled, the proposed reply received on May 29, 1997 (nos. 29076/29854/31171). | | |
| 11/16/2000 | Other | Returned Unfiled Document. | | |
| 11/27/2000 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (Nos. 29076, 29854 and 31171) | | |
| 11/28/2000 | Brief | Filed Supplemental Authorities. Appellant's Supplemental Memorandum. Nos. 29076/29854/31171. Doc. No. 00-20794 | | |
| 12/07/2000 | Motion | Filed Stipulation/Dismiss Appeal. Stipulation to Dismiss with prejudice: Marigot Corporation, as general partner of Beta Group; Beta Group, a Colorado general partnership; Lawrence Feldman, and Geoffrey Simpson. Nos. 29076, 29854, 31171. Document No. 0021375. | | |
| 12/07/2000 | Order/Clerk's | Filed Clerk's Order Approving Stipulation. Order Partially Dismissing Appeal in docket No. 29076. "The appeal in Docket No. 29076 is dismissed as to respondents Marigot corporation, as General Partner of Beta Group, a Colorado General Partnership, Lawrence Feldman, and Geoffrey Simpson only." The parties shall bear their own costs and attorney's fees. The appeal in docket No. 29076 remains pending as to respondent Kleinfelder, Inc. The clerk of this court shall modify the caption in docket No. 29076. Nos. 29076, 29854, 31171. | | |
| 12/12/2000 | Case Status Update | Submitted for Decision. Northern Nevada Panel. NNP00A-RR/MS/ML. Nos. 29076, 29854, 31171. | | |
| 12/20/2000 | Motion | Filed Stipulation. Stipulated Request. (Nos. 29076, 29854 and 31171). | | |
| 01/26/2001 | Order/Procedural | Filed Order. On December 20, 2000, the parties stipulated and requested this court to amend the December 7, 2000, clerk's order partially dismissing appeal. Because the order dismissed this appeal as to respondent Beta Group, a Colorado General Partnership, we deny, as moot, the parties' stipulation and request to amend the December 7, 2000, order partially dismissing appeal. Nos. 29076/29854/31171 (01-01812) | | |
| 01/30/2001 | Order/Dispositional | Filed Order of Affirmance. Having considered all of the arguments advanced by the parties in this consolidated appeal, " . . . we affirm the district court's order granting summary judgment, its order awarding costs to Kleinfelder, its order denying attorney fees, and its order denying the NRCP 59 motion." NNP00A-MS/RR/ML. Nos. 29076, 29854, 31171. | | 01-02013
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| 02/27/2001 | Remittitur | Issued Remittitur. | | 01-02100
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| 02/27/2001 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 03/08/2001 | Remittitur | Filed Remittitur. Received by County Clerk on March 2, 2001. | | 01-02100
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| 03/19/2002 | Motion | Filed Motion. Motion for Release of Appeal Bonds. Nos. 29076/29854/31171 (02-04937). | | |
| 06/21/2002 | Order/Procedural | Filed Order Denying Motion. On January 30, 2001, this court entered an Order of Affirmance in these consolidated appeals. The remittitur subsequently issued on February 27, 2001. On March 19, 2002, Wildcreek Garden Condominium Association filed a motion in these consolidated appeals requesting the release of an appeal bond. Pursuant to NRAP 7, a bond for costs on appeal in civil cases is filed in the district court. Thus, any relief regarding the bond is properly sought in the district court, and not the supreme court. Accordingly, we deny the motion. Nos. 29076/29854/31171. (02-10748) | | |